Special appeal on contracting may be filed against the following contracting authority decisions (art. 44 LCSP):
- Procurement notices, contract specifications and documents establishing conditions governing the contracting procedure;
- Procedural acts/decisions adopted during the contracting procedure, provided that these directly or indirectly decide the award, determine the impossibility of continuing the procedure or cause irreparable defenselessness or damage to legitimate rights or interests. For instance, a decision that rejects a tender;
- Contract award decisions adopted by contracting authorities;
- Modifications of contracts breaking the LCSP;
- Formalization of orders to own means when these do not meet the legal requirements; and
- Concession rescue decisions.
The cases mentioned in which the special appeal on contracting applies include:
- Works contracts whose estimated value exceeds EUR 3,000,000;
- Supply and services contracts whose estimated value exceeds EUR 100,000;
- Framework agreements whose object is to conclude a previous contract; and
- Works concession contracts and service concession contracts whose estimated value exceeds EUR 3,000,000.
This special appeal on contracting procedure cannot be filed in relation to awarding procedures carried out following an emergency procedure.
Any other decisions adopted in a procurement procedure, when the contracting authority is a Public Administration, may be challenged by ordinary administrative appeals.
All decisions may be challenged before national courts after, where appropriate, an administrative appeal.